greymatter blog superiority
this post was submitted on 26 Sep 2024
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Technology
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Wordpress is a security hole anyway, use something else if you have to use plugins for your usecase.
Just not Drupal. Its still pretty bad.
Fuck WordPress, but also it kinda sounds like WordPress is more in the right here.
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(18 replies)
Yeah, open source licenses don't entitle you to use trademarks.
This looks pretty bad to me.
Like JohnEdwa said, using a trademark to refer to someone else's product is considered nominative fair use: "referencing a mark to identify the actual goods and services that the trademark holder identifies with the mark."
They're very obviously using the trademark in a manner that implies endorsement.
That is absolutely trademark infringement.
At most, they just ambiguously used "Powered by WordPress Experts" once. I don't see how the evidence misleads people into thinking there was an endorsement.
IMO, dumb people confuse stuff all the time, like the Minecraft Gamepedia with the Minecraft Wikia back then. The meager amount of evidence presented does not convince me that WP Engine has done any actual harm to the WordPress brand.
But yeah, the smart way out would've been adding a "WP Engine is not associated with WordPress.org", at least one below the "WP ENGINE®, VELOCITIZE®, TORQUE®, EVERCACHE®, and the cog logo service marks are owned by WPEngine, Inc." footer. All in the past now, though. At the best both companies are tomfools.
They explicitly call their engine Wordpress more than once in those examples. You cannot do that.
Yes they can. It’s actually WordPress, so it’s nominative.
No, they can't, because no, it isn't. That's what trademarks are for. You can't use a trademarked name to refer to your competing product.
Open source projects are generally permissive in terms of people repackaging their code for distribution for different platforms within reasonable guidelines, but even that is a sufficient change that they aren't obligated to allow their trademarks to be used that way.
It is no longer Wordpress once it's modified. That's what trademark is for.
WP Engine for WordPress.
That seems to be the commonly accepted solution if you look at other 3rd party trademark cases - situations like "RIF is fun for Reddit" coming to mind.
RIF did have to change their name though. https://www.reddit.com/r/redditisfun/comments/el8ri3/reddit_is_fun_is_being_renamed_to_rif_is_fun_for/
Yes, because it used to be"Reddit is Fun", which wasn't okay. That was the point.
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(5 replies)
Wordpress is junk.